THURSDAY, DECEMBER 3, 2015, AT 10:00 A.M.
The herein described real estate of the Donald L. Evans and Marie E. Evans, his wife, shall be sold at public auction on the Courthouse steps in Romney, Hampshire County, West Virginia, on Thursday, December 3, 2015, at 10:00 a.m.
Said real estate will be sold pursuant to the authority vested in the undersigned, by the provisions of that certain Deed of Trust executed by Donald L. Evans and Marie E. Evans, his wife, unto Donald P. Cookman, Trustee, to secure unto The Bank of Romney, a banking corporation, the beneficial owner of that certain Deed of Trust, dated the 28th day of September, 2007, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book 461, at Page 718; with the undersigned, William C. Keaton, as Substitute Trustee, pursuant to that certain Deed of Appointment for Substitution of Trustee, of record in the aforesaid Clerk’s Office in Deed of Trust Book 587 at Page 129. Default having occurred relative to the covenants and conditions as set forth in said Deed of Trust, and the undersigned Substitute Trustee, having been instructed in writing by the beneficial owner so to do, will offer the hereinafter described real estate for sale at public auction to the highest responsible bidder at the front door of the Courthouse in Romney, Hampshire County, West Virginia, on Thursday, December 3, 2015, at 10:00 a.m., which said property is more particularly described as follows:
All those two certain tracts or parcels of real estate lying and being situate in Gore District, Hampshire County, West Virginia:
First: All that certain tract or parcel of real estate situate in Gore District, Hampshire County, West Virginia, known as Lot No. 32, Phase I, Harvest Hills Subdivision, containing 0.56 acre, more or less, as shown on the Final Plat – Phase I, Harvest Hills Subdivision, as prepared by CME Engineering, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book No. 11, at Pages 41-45, and on those certain Legal Descriptions prepared by Michael Dean Frazee, P.S., of record in the aforesaid Clerk’s Office in Deed Book 468 at Page 571 and Deed of Trust Book 461 at Page 727. Said Plat of Survey and Legal Descriptions are by reference made a part hereof for all pertinent and proper reasons, including a more particular metes and bounds description of said real estate. Said real estate is depicted on the 2015 Hampshire County Land Books as District 05, Tax Map 6, Parcel 64.
Second: All that certain tract or parcel of real estate situate in Gore District, Hampshire County, West Virginia, known as Lot No. 33, Phase I, Harvest Hills Subdivision, containing 0.67 acre, more or less, as shown on the Final Plat – Phase I, Harvest Hills Subdivision, as prepared by CME Engineering, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book No. 11, at Pages 41-45, and on those certain Legal Descriptions prepared by Michael Dean Frazee, P.S., of record in the aforesaid Clerk’s Office in Deed Book 468 at Page 572 and Deed of Trust Book 461 at Page 728. Said Plat of Survey and Legal Descriptions are by reference made a part hereof for all pertinent and proper reasons, including a more particular metes and bounds description of said real estate. Said real estate is depicted on the 2015 Hampshire County Land Books as District 05, Tax Map 6, Parcel 65.
And being the same real estate which was conveyed unto Donald L. Evans and Marie E. Evans, his wife, as joint tenants with rights of survivorship, by deed of Sunrise Development Company, Inc., a corporation, dated September 28, 2007, and of record in the aforesaid Clerk’s Office in Deed Book 468 at Page 568. And further being the same real estate in which full, fee simple title did vest in Marie E. Evans, upon the death of her husband, Donald L. Evans, on July 21, 2015, per the survivorship clause in said deed.
The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the aforesaid Clerk’s Office or affecting the subject property.
The Beneficiary and/or the Servicer of the Deeds of Trust and Note reserve the right to submit a bid for the property at sale.
The Substitute Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Substitute Trustee.
The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Terms of the sale are 10 percent cash down to be paid on day of sale, and the balance to be paid by certified or cashiers check within 30 days of the date of the sale.
For further information and/or viewing, contact William C. Keaton, Attorney at Law, 56 East Main Street, Romney, West Virginia, 304-822-4187.
All announcements made on the day of sale take precedence over any printed material.
William C. Keaton, Substitute Trustee
56 East Main Street
Romney, West Virginia 26757
304-822-4187
WVSB #7182
11-18-3c
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